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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on parole of certain youthful offenders; |
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changing parole eligibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1415 to read as follows: |
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Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR |
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YOUTHFUL OFFENDERS. (a) This section applies only to the |
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consideration for release on parole of an inmate who was younger |
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than 17 years of age at the time the offense for which the inmate is |
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eligible for release on parole was committed. |
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(b) In determining whether to release an inmate described by |
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Subsection (a) on parole, a parole panel shall assess the growth and |
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maturity of the inmate, taking into consideration: |
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(1) the diminished culpability of juveniles, as |
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compared to that of adults; |
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(2) the hallmark features of youth; and |
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(3) the greater capacity of juveniles for change, as |
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compared to that of adults. |
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(c) The board shall adopt a policy establishing factors for |
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a parole panel to consider when reviewing for release on parole an |
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inmate to whom this section applies to ensure that the inmate is |
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provided a meaningful opportunity to obtain release. The policy |
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must: |
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(1) consider the age of the inmate at the time of the |
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commission of the offense as a mitigating factor in favor of |
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granting release on parole; |
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(2) permit persons having knowledge of the inmate |
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before the inmate committed the offense or having knowledge of the |
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inmate's growth and maturity after the offense was committed to |
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submit statements regarding the inmate for consideration by the |
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parole panel; and |
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(3) establish a mechanism for the outcome of a |
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comprehensive mental health evaluation conducted by an expert |
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qualified by education and clinical training in adolescent mental |
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health issues to be considered by the parole panel. |
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(d) This section does not: |
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(1) affect the rights granted under this chapter or |
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Article 56A.051, Code of Criminal Procedure, to a victim, guardian |
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of a victim, or close relative of a deceased victim; or |
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(2) create a legal cause of action. |
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SECTION 2. Section 508.145, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d-2) to read as |
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follows: |
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(b) An inmate serving a life sentence under Section |
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12.31(a)(1), Penal Code, for a capital felony is not eligible for |
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release on parole until the actual calendar time the inmate has |
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served, without consideration of good conduct time, equals 30 [40] |
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calendar years, except that an inmate serving a life sentence under |
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Section 12.31(a)(1), Penal Code, for a capital felony under Section |
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19.03(a)(1) or (7) of that code is not eligible for release on |
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parole until the actual calendar time the inmate has served, |
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without consideration of good conduct time, equals 40 calendar |
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years. |
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(d-2)(1) This subsection applies only to an inmate who: |
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(A) is serving a sentence for: |
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(i) a first degree felony described by |
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Article 42A.054(a), Code of Criminal Procedure; |
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(ii) an offense under Section 20A.03 or |
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71.023, Penal Code; or |
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(iii) a first degree felony under Section |
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71.02, Penal Code; and |
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(B) was younger than 17 years of age at the time |
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the offense was committed. |
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(2) Notwithstanding any other provision of this |
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section, an inmate described by Subdivision (1) is not eligible for |
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release on parole until the inmate's actual calendar time served, |
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without consideration of good conduct time, equals 20 calendar |
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years or one-half of the applicable time provided by this section, |
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whichever is less, but in no event is the inmate eligible for |
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release on parole in less than four calendar years unless the inmate |
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would otherwise be eligible for release on parole under another |
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provision of this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect January 1, 2022. |
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